Minnesota Litigator
News & Commentary
Do not consider the blog to be a substitute for obtaining legal advice from a qualified attorney licensed in your state.
Punitive Damages, “Reckless Disregard,” and Market Forces
In our view, very few people in our society, a tiny percentage, qualify as “evil,” which one might define as, “all things being equal, being predisposed, temperamentally inclined, or preferring to hurt other people rather than to help them.” Most of us genuinely believe ourselves to be “good people,” we want the world to believe […]
The Diversity Pleading Zombie Will Not Die.
Maybe every few years, we should disinter our “Pleading Federal Diversity for Limited Liability Companies (LLCs)” string of posts. In these posts, which go back some years now, Minnesota lawyers get chided because they forgot (or never knew) how to plead federal jurisdiction when basing their jurisdictional claims on the diversity of citizenship of LLCs. […]
What a Difference a State (Law) Makes (FELA Federalism Geek-Out)
Let’s say, hypothetically, that you’ve been working on the railroad. All the livelong day. You’ve been working on the railroad, just to pass the time away. In Minnesota. First, that’s just sad. “Working on the railroad to pass the time away?” That’s hard work. You might consider something less arduous and safer if passing the […]
Minnesota Litigator Profile: The Journey & The Promise of Inti Martinez-Alemán
The goal and idea of diversity has been getting a lot of attention in our society for decades now but, unfortunately, it gets more lip service than many of us would like. Though we rarely openly admit it, many in our community do not value diversity. Indeed, they feel threatened by it, which is a […]
Why People Need To Hire Lawyers (or Fire Them?)
When you lend someone $193,000, you probably should know who the borrower is, right? When you sign something in return for a receipt of a $193,000 loan, you should probably know whether you may be personally responsible for the debt, right? Believe it or not, as obvious as these two questions are, people find themselves […]
Lawyers’ Ethical Obligations, Their Reputations, and Digital Darwinism
What are lawyers to do when disgruntled ex-clients make false claims against their lawyers online for all the world to see (for all time as far as we know)? Are lawyers to bear the brunt of false accusations under an ethical obligation of silence owed to their ex-client defamers? We previously covered the pending proposal […]
What were they thinking?
A January 11, 2017 explosion at a truck manufacturing facility in (appropriately named) Dodge Center, Minnesota caused many serious injuries. It is alleged that a company, Swagelok, failed to properly design, manufacture, test, and inspect a hose assembly, which is alleged to have caused the devastating explosion (See the complaint here. The complaint, by the […]
A $9 Million Medical Malpractice Jury Verdict Thanks to a Reptile?
Congratulations to lawyers Christopher Kuhlman and Joe Crosby for their $8.98 million dollar jury verdict in a medical malpractice case against Allina Health Systems on behalf of their client, Sirena Samuelson (and her son). (The verdict came late last month and the Star Tribune covered it here.) The case arose out of problems in the […]
Looking for Donations (of Guest Posts, Ideas, Tips, etc.) UPDATE: WE ARE BEGGING YOU
(Original post (1/11/14), updated/revised: 6/5/15, 11/20/17, 10/9/18): The Minnesota Litigator blog of news and commentary on Minnesota civil litigation is now in its TENTH year and we have posted more than 2,000, 27 interviews with notable Minnesota litigators, and 6 interviews with state and federal judges. We have twice been listed as a Top 100 […]
Caveat Gladiator
Update (October 1, 2018): Sometimes, clients push their lawyers to take extreme positions, “scorched earth tactics,” or a “take no prisoners” strategy. Our ethics rules seem to “punt” on the question of who bears ultimate responsibility as between the lawyer and the client for over-the-top tactics. This seems appropriate. Lawyers are advocates. Lawyers are their clients’ […]